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(영문) 인천지방법원 2018.02.07 2017가단215352
손해배상
Text

1. The Defendant: (a) KRW 14,100,000 for the Plaintiff and 5% per annum from April 20, 2017 to February 7, 2018; and (b) the Plaintiff.

Reasons

(c) If any loss is incurred, it may be claimed to the other party;

Article 17 (Payment of Price in Case of Suspension of Design Work) (1) Where all or part of the design work has been interrupted under Articles 13 and 14, "A" and "B" shall pay the price for the design work already performed.

(2) The payment of the price and the refund of the settlement of accounts under paragraphs (1) and (2) shall apply separately from the compensation for losses under Article 15.

B. Around March 2016, the Plaintiff entered into a supervision agreement with the Defendant to provide supervision services to the Defendant and to receive the payment from the Defendant (hereinafter “instant supervision agreement”) with respect to the instant construction works on the following terms (hereinafter “instant supervision agreement”).

A: The construction owner (A): The construction supervision area from the commencement date to the completion date of approval for use: The contract amount of the supervision (building, civil engineering, electricity, communications, machinery, fire fighting): 30,000,000 won under the Building Act (excluding value-added tax): The construction period of KRW 30,000 (excluding value-added tax)* six months, monthly supervision expenses of KRW 5,000,000; * monthly settlement at the time of the change of the construction period; * The period for performing construction supervision affairs shall be from the commencement date to the completion date of approval for use.

Article 16 (Transfer and Revision of Contracts) (1) "A" and "B" shall not transfer, lend, offer security, or otherwise perform any other act of disposal, without the consent of the other party.

Article 19 (Cancellation and Termination of Contract "B") (1) "B" may terminate all or part of the contract in any of the following cases:

3. Where “A” transfers rights or obligations under a contract without the consent of the other party, Article 20 (Indemnification) “A” and “B” may claim damages against the other party if the other party causes damages due to the rescission, termination, or breach of the contract under the provisions of Article 19.

C. The Plaintiff grants a building permit to the Defendant until March 2016.

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